6-28/450.30 Notification of Plaintiff



Promptly upon receipt of the request for release, and in no event more than five days from its receipt, the levying officer shall mail notice to the plaintiff (CCP 493.040(e):

If an undertaking has not been given, the notice shall include the following:

  • A notice that the attachment will be released pursuant to the request for release of attachment unless otherwise ordered by a court within 10 days after the date of mailing the notice (CCP 493.040(e)(2)
  • A copy of the request for release of the attachment, and a copy of:
    • The general assignment for the benefit of creditors if the release request is from the assignee (CCP 493.040(b))
    • A copy of the bankruptcy petition if the release request is from trustee, interim trustee, or debtor in possession  (CCP 493.040(c)

If an undertaking has been given, the notice shall include:

  • A notice that the attachment has been released (CCP 493.040(e)(3))
  • A copy of the request for release of the attachment, and a copy of:
    • The general assignment for the benefit of creditors if the release request is from the assignee (CCP 493.040(b))
    • A copy of the bankruptcy petition if the release request is from trustee, interim trustee, or debtor in possession (CCP 493.040(c))